The principal features of the Trademark Act are as follows:
1) Registrable marks include any sign that can be graphically represented, that can distinguish goods and services of one party from those of another, and may include words, names, letters, initials and numbers, designs, product shapes and packaging, color combinations and other designations or combinations thereof.
2) Marks may not be registered if they are, inter alia , non distinctive, generic or descriptive terms or if they are confusingly similar to (a) a registration or prior application in respect of the same or similar goods or services; (b) marks which have been considered by a judicial decision to be well known in Andorra in respect of the same or similar goods or services; (c) a registered commercial name or company name when there is a risk of confusion or association; or (d) the subject of protected copyrights or personal names and likenesses.
3) Marks which are considered unregistrable on the ground of non distinctiveness may be considered registrable if they have acquired distinctiveness through use.
4) Non-Andorran nationals may hold trademark registrations in Andorra if they are Andorran residents, if they have an effective, actual industrial or commercial establishment in Andorra, or if their states grant reciprocal rights to Andorran nationals.
5) A single application may be filed in respect of multiple classes of the International Classification of Goods and Services. Applicants may file applications claiming Paris Convention-type priority, if their first application was filed in a country which grants reciprocal rights to Andorran nationals, or if their mark was displayed at an Official International Exhibition or Fair, no earlier than six months prior to their Andorran application.v 6) Collective marks may be registered.
7) It appears that, unless the Implementing Regulations provide otherwise, applications will be examined for form only, and not for inherent registrability or for prior conflicting marks.
8) Registrations are granted for a period of 10 years from the date of application and may be renewed for further 10-year periods. Belated renewal is available, upon payment of a surcharge, within 6 months of expiration.
9) Trademark registrations may be the subject of pledges or of exclusive or non-exclusive license agreements, either for all or part of the registered rights, and must be recorded to be valid against third parties and for a licensee's use to inure to the benefit of the licensor.
10) The owner of a registered trademark which has become well known in Andorra may prevent unauthorized use of the mark in respect of dissimilar goods or services if such use would derive unfair advantage from, or would be detrimental to, the distinctiveness or reputation of the mark.
11) Within the customs union established between Andorra and the European Union, it will not be possible for trademark registrants to control the use of their marks on products once such products have been marketed in the customs union by, or with the consent of, the registrant.
12) Owners of prior rights may institute a court action to cancel conflicting registrations, although this action will not be available if the owner of the prior rights knew of the use of the conflicting mark and tolerated such use for a period of 5 years, unless the mark was registered in bad faith.
13) The owner of an unregistered mark, which has been considered by the judicial authorities to be well-known in Andorra, may institute a cancellation action against a conflicting registration, or apply to prohibit the use of a conflicting mark, in respect of similar goods or services, provided that the owner simultaneously files an application to register the well-known mark.
14) Registered marks are subject to cancellation in a court action, if not used for any period of 5 consecutive years.
15) A trademark owner may not institute infringement proceedings against unauthorized use of the mark where the use has continued for a period of 5 years and the trademark owner knows of such use, except in cases of bad faith.
16) Relief for trademark infringement includes preliminary injunctions, confiscation of infringing articles, seizure by customs authorities, compensatory damages, recovery of attorneys' fees and criminal sanctions.
17) Owners of trademarks which have been used in Andorra prior to the effective date of the Act may apply to register such marks claiming priority of such use, with corresponding proof, within 2 years from the date applications are accepted for filing by the Trademark Office.
18 Owners of trademarks which have been registered in a Paris Convention country may apply to register such marks, claiming priority of the Paris Convention filing, within 1 year from the date applications are accepted for filing by the Trademark Office.
2) Marks may not be registered if they are, inter alia , non distinctive, generic or descriptive terms or if they are confusingly similar to (a) a registration or prior application in respect of the same or similar goods or services; (b) marks which have been considered by a judicial decision to be well known in Andorra in respect of the same or similar goods or services; (c) a registered commercial name or company name when there is a risk of confusion or association; or (d) the subject of protected copyrights or personal names and likenesses.
3) Marks which are considered unregistrable on the ground of non distinctiveness may be considered registrable if they have acquired distinctiveness through use.
4) Non-Andorran nationals may hold trademark registrations in Andorra if they are Andorran residents, if they have an effective, actual industrial or commercial establishment in Andorra, or if their states grant reciprocal rights to Andorran nationals.
5) A single application may be filed in respect of multiple classes of the International Classification of Goods and Services. Applicants may file applications claiming Paris Convention-type priority, if their first application was filed in a country which grants reciprocal rights to Andorran nationals, or if their mark was displayed at an Official International Exhibition or Fair, no earlier than six months prior to their Andorran application.v 6) Collective marks may be registered.
7) It appears that, unless the Implementing Regulations provide otherwise, applications will be examined for form only, and not for inherent registrability or for prior conflicting marks.
8) Registrations are granted for a period of 10 years from the date of application and may be renewed for further 10-year periods. Belated renewal is available, upon payment of a surcharge, within 6 months of expiration.
9) Trademark registrations may be the subject of pledges or of exclusive or non-exclusive license agreements, either for all or part of the registered rights, and must be recorded to be valid against third parties and for a licensee's use to inure to the benefit of the licensor.
10) The owner of a registered trademark which has become well known in Andorra may prevent unauthorized use of the mark in respect of dissimilar goods or services if such use would derive unfair advantage from, or would be detrimental to, the distinctiveness or reputation of the mark.
11) Within the customs union established between Andorra and the European Union, it will not be possible for trademark registrants to control the use of their marks on products once such products have been marketed in the customs union by, or with the consent of, the registrant.
12) Owners of prior rights may institute a court action to cancel conflicting registrations, although this action will not be available if the owner of the prior rights knew of the use of the conflicting mark and tolerated such use for a period of 5 years, unless the mark was registered in bad faith.
13) The owner of an unregistered mark, which has been considered by the judicial authorities to be well-known in Andorra, may institute a cancellation action against a conflicting registration, or apply to prohibit the use of a conflicting mark, in respect of similar goods or services, provided that the owner simultaneously files an application to register the well-known mark.
14) Registered marks are subject to cancellation in a court action, if not used for any period of 5 consecutive years.
15) A trademark owner may not institute infringement proceedings against unauthorized use of the mark where the use has continued for a period of 5 years and the trademark owner knows of such use, except in cases of bad faith.
16) Relief for trademark infringement includes preliminary injunctions, confiscation of infringing articles, seizure by customs authorities, compensatory damages, recovery of attorneys' fees and criminal sanctions.
17) Owners of trademarks which have been used in Andorra prior to the effective date of the Act may apply to register such marks claiming priority of such use, with corresponding proof, within 2 years from the date applications are accepted for filing by the Trademark Office.
18 Owners of trademarks which have been registered in a Paris Convention country may apply to register such marks, claiming priority of the Paris Convention filing, within 1 year from the date applications are accepted for filing by the Trademark Office.
November 1995 Index